Operator Of Westchester Waste Disposal Business Pleads Guilty To Fraudulent Overbilling Scheme

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that RALPH MANCINI, the owner and operator of County Waste Management, a waste disposal business based in Harrison, New York, pled guilty today to mail fraud before U.S. Magistrate Judge Lisa Margaret Smith.  MANCINI admitted as part of his plea that he had defrauded numerous commercial customers by overbilling them for the waste collected and dumped on their behalf.

U.S. Attorney Geoffrey S. Berman said:  “For more than eight years, Ralph Mancini, the owner and operator of County Waste Management, illegally overbilled local businesses that contracted with him to do their waste disposal.  Mancini has now pled guilty to hauling in over $800,000 from his victims, and faces serious time in prison.”

According to the Information, other court documents, and statements made in Court, from in or about 2008 through 2016, MANCINI overbilled a total of approximately 17 commercial customers, including educational institutions, department stores, grocery stores, and other establishments, by more than $800,000.  MANCINI sent the fraudulent invoices by U.S. mail, which fabricated the tonnage of waste collected and thereby charged customers for waste services that had not actually been performed.

MANCINI, age 57, of Harrison, pleaded guilty to one count of mail fraud, which carries a maximum sentence of 20 years in prison.  The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

 MANCINI is scheduled to be sentenced by U.S. District Judge Nelson S. Román on February 14, 2020, at 11:00 a.m.

Mr. Berman praised the investigative work of the Federal Bureau of Investigation.  He also thanked the Westchester County Department of Public Safety and the Westchester County Solid Waste Commission for their assistance in the investigation.

Attorney General Sues B&H Foto & Electronics For Defrauding New York Out Of Millions In Sales Tax

Leading Photo and Electronics Retailer Knowingly Failed to Pay Sales Tax on Millions in Receipts from Manufacturers Tied to “Instant Rebates”

  New York Attorney General Letitia James today filed a lawsuit against B&H Foto & Electronics Corp. (B&H) for violations of New York’s Tax Law, the New York False Claims Act, and New York’s Executive Law. The suit claims that B&H — the nation’s largest non-chain photo and video equipment retailer — knowingly failed to pay sales tax due on tens of millions of dollars it received from electronics manufacturers to reimburse the company for “instant rebate” manufacturer discounts B&H passed along to its customers.

“B&H proudly claims that it puts principles over profits, but for 13 years, the company actually chose profits over principles by defrauding New York taxpayers out of millions of dollars owed to the state,” said Attorney General James. “B&H deliberately chose not to pay the sales tax it knew was due to New York State in order to gain a competitive edge over companies that chose to follow the rules. No company is above the law, which is why my office filed this lawsuit, and will do so against any company that tries to skirt its responsibilities by illegally trying to tilt the playing field.”

Today’s lawsuit, filed in New York State Supreme Court, concerns B&H’s failure to pay taxes on “instant rebates,” which are point-of-sale discounts the company offers its customers, for which it receives reimbursement from manufacturers. While these arrangements are subject to New York State sales tax, B&H never paid that tax, despite its repeated and explicit acknowledgements — internally, to outside vendors, and externally, to a competitor — that under New York tax law, it owed sales tax on these reimbursements. The lawsuit alleges B&H violated the state’s Tax Law and the New York False Claims Act. Attorney General James is seeking treble damages, penalties, and interest to redress these violations.

The Attorney General’s investigation and subsequent lawsuit arose from a qui tam lawsuit filed under seal by a whistleblower. The New York False Claims Act permits whistleblowers who know of information concerning false or fraudulent conduct that victimizes the state through the failure to pay taxes to bring an action on behalf of the government.

BRONX MAN INDICTED FOR FATALLY SHOOTING MAN IN BUSY GRAND CONCOURSE SUBWAY STATION

Shooting Happened in Front of Victim’s Five-Year-Old Son

 Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been indicted for Murder, Manslaughter and additional charges for fatally shooting a man in a busy Bronx subway station. 

 District Attorney Clark said, “The defendant allegedly shot the victim in front of his fiveyear-old-son and multiple commuters who were at the subway station at the time. We will pursue justice for the victim’s loved ones, especially the young boy who lost his father in such an awful way.” 

 District Attorney Clark said the defendant, Rafael Hollis, 29, of 1264 Sheridan Avenue, was arraigned today on second-degree Murder, first-degree Manslaughter, two counts of seconddegree Criminal Possession of a Weapon and Endangering the Welfare of a Child before Bronx Supreme Court Justice Margaret Clancy. Remand was continued and the defendant is due back in court on January 22, 2020. 

 According to the investigation, on October 4, 2019 at 6:30 p.m., at a subway station located at 167th Street and Grand Concourse, the victim, James Cubille, 24, met with his ex-girlfriend to pick up his son. The defendant showed up and argued with the victim. Hollis then took out a gun and allegedly shot Cubille in the torso in front of the victim’s son and ex-girlfriend. The victim was declared dead on arrival to Lincoln Hospital. The defendant fled the scene and turned himself in to authorities two days later.

 District Attorney Clark thanked NYPD Detective Matthew Crawley of the 44 th Precinct and NYPD Detective Christine Reyes of the Bronx Homicide Squad for their assistance in the investigation.

An indictment is an accusatory instrument and not proof of a defendant’s guilt

BRONX WOMAN SENTENCED TO 10 YEARS IN PRISON FOR MANSLAUGHTER IN DEATH OF INFANT SON

 Bronx District Attorney Darcel D. Clark today announced that a Bronx woman has been sentenced to 10 years in prison and five years post-release supervision in the killing of her five month-old son, who died after his mother slammed his head against a wall, fracturing his skull, and did not seek medical attention for him. 

 District Attorney Clark said, “The defendant inflicted grievous head injuries on the infant and left him to suffer for more than an hour before obtaining medical attention. She will now serve time in prison for callously causing the death of this innocent child whose life had barely begun.” 

 District Attorney Clark said the defendant, Joann McLeod, 32, of 1420 Bronx River Avenue, was sentenced today to 10 years in prison and five years post-release supervision by Bronx Supreme Court Justice James McCarty. She pleaded guilty to first-degree Manslaughter on October 22, 2019.

 According to the investigation, between midnight on June 3, 2018 and 9 a.m. on June 4, 2018, inside McLeod’s apartment in 1420 Bronx River Avenue, the defendant picked up her five-monthold son, Raymond Porfil Jr., shook him and slammed his head against a wall several times. She purposefully did not obtain medical attention for the infant for more than an hour, including leaving the apartment for a period of time.

 District Attorney Clark thanked NYPD Detective Christian Gutierrez of the 43rd Precinct Squad and NYPD Detective John Ferretti of the Homicide Task Force for their help in the investigation.

BRONX MAN INDICTED IN FATAL STABBING OF MAN IN LONGWOOD BODEGA

 Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been indicted for Murder and additional charges in the fatal stabbing of a man inside a bodega in the Longwood area of the Bronx.

 District Attorney Clark said, “The defendant allegedly stabbed the victim inside a bodega owned by the defendant’s father. The victim lived in the neighborhood and had previously been in the store. This was a senseless act of violence.” 

District Attorney Clark said the defendant, Ronny Torres, 26, of the Bronx, was arraigned today on second-degree Murder, first-degree Manslaughter and fourth-degree Criminal Possession of a Weapon before Bronx Supreme Court Justice Margaret Clancy. The defendant was remanded and is due back in court on January 21, 2020.

 According to the investigation, on October 24, 2019, inside a bodega located at 950 Longwood Avenue, the defendant stabbed Frankie Williams, 37, multiple times in the stomach and chest with a sharp object. The incident was captured on video surveillance. The victim was taken to Lincoln Hospital where he was pronounced dead.

 District Attorney Clark thanked NYPD Detective Darrin Smalls of the 41 st Precinct and NYPD Detective Patrick Sullivan of the Bronx Homicide Squad for their assistance in the investigation.

An indictment is an accusatory instrument and not proof of a defendant’s guilt. 

DC9 Endorses Michael Blake for Congress (NY-15)

  District Council 9 of the International Union of Painters and Allied Trads issued its endorsement of New York State Assembly Member Michael Blake in his congressional run. 

Assembly Member Michael Blake currently serves the 79^th Assembly District, covering parts of the Bronx, and now he is in the race for the 15^th Congressional District seat. 

“Assembly Member Michael Blake has been a tireless advocate for hardworking New Yorkers throughout the Bronx, and District Council 9 is proud to support Blake in his congressional race,” said Davon Lomax, Political Director for District Council 9 of the International Union of Painters and Allied Trades. “We have already seen Assembly Member Blake’s unparalleled commitment to his communities, ensuring every individual has access to equal opportunity, and now he will continue this work by serving as our Congressman.”

“I am grateful for the endorsement of DC 9 who are Building A Better Bronx and support our #BelieveInTheBx vision for The 15th Congressional District to create jobs and opportunities for Union members across The Bronx and New York. For more than 100 years, DC 9's Painters are the men and women who bring to life a home, a building, a school and neighborhoods across The Bronx and New York,” said Assembly Member Michael Blake. “From being the ones who create jobs and apprenticeships for communities of color, women and New Yorkers to focusing on how Infrastructure will create opportunities for all Bronxites, DC9 continues to be a force for good. We will continue Building A Better Bronx together to remove lead from The Bronx when others failed to act while also demanding great wages and benefits for union workers. Together, we #BelieveInTheBx.”

WILLIAMS' SCHOOL DIVERSITY BILL PASSED BY NYC COUNCIL

  The New York City Council today passed legislation by Public Advocate Jumaane D. Williams codifying the creation and continued existence of the School Diversity Advisory Group, originally convened by Mayor Bill de Blasio, to develop solutions to addressing the systemic segregation in New York City schools. The Advisory Group has released two reports to date, with detailed proposals for increasing diversity in city schools and in select programs. The legislation, Intro 1550-A, is one of three bills sponsored by the Public Advocate which was passed by the City Council today.

"I'm a New York City public school baby, and I'm proud of that fact and the education I received," said Public Advocate Williams. "But despite that pride and because of that history, I know that our deeply segregated school system, and our students within it, are in desperate need of reform. The School Diversity Advisory Group is critical because it involves taking the input of these people experiencing our education system up close in order to change it. My bill today expands the reach of that group across years, administrations, and boroughs."

Established in 2017, the advisory group was tasked with "working to reshape citywide policies and practices such as admissions and program planning." Intro 1550-A, which passed overwhelmingly today, codifies the advisory group to be made up of Council appointments, a public advocate appointment, and mayoral appointments. This codification would build upon the critical work already done by the group and extend it beyond any one administration as part of a multi-year framework. It would also require quarterly meetings and public hearings in each of the five boroughs. 

Members of the group will include at least 27 members tasked with producing an annual public report that examines ways to increase school diversity. The annual report will require a multi-year plan to be developed and adopted by the Department of Education to address integration in schools. The report will also require a one-year look back measurement to track measurement of goals achieved.

In addition to the passage of Intro 1550-A, the Council also passed two other pieces of legislation sponsored by the Public Advocate, including Intro 720-C, related to construction safety, and Intro 716-A, related to affordable housing. 

Inauguration of Northwest Bronx Democrats for Change